| 1 | 1 | | 88R4584 CXP-D |
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| 2 | 2 | | By: Shaheen H.B. No. 1404 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting public schools from purchasing library |
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| 8 | 8 | | materials from certain vendors. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 33, Education Code, is |
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| 11 | 11 | | amended by adding Section 33.027 to read as follows: |
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| 12 | 12 | | Sec. 33.027. PURCHASE OF LIBRARY MATERIALS FROM CERTAIN |
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| 13 | 13 | | VENDORS PROHIBITED. (a) In this section, "obscene" has the meaning |
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| 14 | 14 | | assigned by Section 43.21, Penal Code. |
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| 15 | 15 | | (b) If a school district or open-enrollment charter school |
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| 16 | 16 | | determines that a material in the catalog of a school library of the |
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| 17 | 17 | | district or school is obscene, the district or school shall report |
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| 18 | 18 | | to the agency as soon as practicable the material and the vendor |
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| 19 | 19 | | from which the district or school purchased the material. |
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| 20 | 20 | | (c) The agency shall maintain on the agency's Internet |
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| 21 | 21 | | website a list of vendors reported to the agency under Subsection |
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| 22 | 22 | | (b). The agency shall update the list not later than the 30th day |
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| 23 | 23 | | after the date the agency receives a report under Subsection (b). |
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| 24 | 24 | | (d) A school district or open-enrollment charter school may |
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| 25 | 25 | | not purchase materials from a vendor on the list described by |
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| 26 | 26 | | Subsection (c). |
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| 27 | 27 | | SECTION 2. This Act applies beginning with the 2023-2024 |
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| 28 | 28 | | school year. |
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| 29 | 29 | | SECTION 3. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2023. |
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